Legal rule of compulsion to kill in Imami and Hanafi jurisprudence and Iraqi law
Abstract
The Imami and Hanafi jurists diverge in the necessity of punishment for the crime of murder. The Imami jurists have two opinions on this issue, some of them required Retribution, It is the well-known opinion. Some of them denied him retribution and obliged him with financial compensation, It is an unpopular opinion. As for the Hanafi jurists, they have three opinions: Some of them did not require retribution from the compulsion, but obliged the Incitement by force to kill a person with retribution, some of them denied retribution for both the person whom compulsion to kill and the Incitement by force to kill and obliged the Incitement by force to kill with financial compensation, and some of them obliged the compulsion on retribution. In Iraqi law, there is one opinion, Lifting criminal liability from the compulsion. This research has mentioned the opinions, The researcher expressed his opinion with a statement of evidence for that.
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